Ian C. Hurley can help you obtain an injunction or restraining order. There are four types of restraining orders under Florida law:
An injunction or restraining order can be issued if you can show there is “an immediate and present danger of violence” against you based on someone else’s actions.
The first step in obtaining an injunction is to file a petition. A judge will then consider whether to issue a temporary injunction, pending a full evidentiary hearing. The judge only considers what is alleged in the actual petition and nothing else.
If a judge issues a temporary injunction, a final injunction hearing will be scheduled within fifteen (15) days of the temporary injunction having been issued. At this final hearing you will be given the opportunity to present any witnesses, photographs, or other evidence to support your claim.
If a judge issues a final judgment for protection against violence, also known as a “permanent injunction,” the injunction will remain in effect until it is modified or dissolved by the court.
Injunctions may be indefinite or expire on a date certain, or may be extended beyond their expiration date, provided a request is made prior to the expiration date.
When deciding if an injunction should be extended, an occurrence of new violence is not required. The court may consider the circumstances leading to the imposition of the original injunction, as well as subsequent events that may cause the petitioner to have continuing reasonable fear that violence is likely to recur in the future.
Injunctions issued in Florida are enforceable anywhere in the country. A qualifying final order of protection against domestic violence issued by a court of another state is fully enforced by Florida courts and law enforcement as if issued in Florida.